--- title: "Recording Calls: Consent Rules and a Script | Chargezen" description: "One-party and all-party consent states, sample recording notices, and how long to keep business call recordings. General information, not legal advice." url: "https://chargezen.com/blog/call-recording-consent" lang: "en" updated: "2026-10-17" --- Canonical URL: https://chargezen.com/blog/call-recording-consent # Recording Customer Calls: Consent Rules and a Disclosure Script DTC Strategy · 7 min read ![Jerry Abrahamson](https://chargezen.com/assets/blogpost1.6581a30d.png) Jerry Abrahamson Founder & CEO • Oct 17, 2026 ![Recording Customer Calls: Consent Rules and a Disclosure Script](https://chargezen.com/og-default.png) _This is general information, not legal advice. Recording laws differ by state and country, they change, and courts read them differently. Check the rules that apply to you and your callers, and talk to a lawyer for anything specific. State list checked October 17, 2026._ Recording customer calls is useful. It settles disputes about what was promised, helps train new teammates and lets you check exactly what an AI agent said. It also carries real legal risk if you record people without telling them. The good news is that the safe approach is simple: tell every caller at the start, record only what you need, keep it only as long as you need it, and control who listens. ## One-party and all-party consent US recording laws fall into two groups. * **One-party consent**: A call may be recorded if one person on the call agrees. That person can be you. Federal law (18 U.S.C. § 2511(2)(d)) follows this rule, as do most states. * **All-party consent**: Everyone on the call must agree. These are often called two-party consent states, even when a call has more than two people. States commonly listed as requiring all-party consent for recording phone calls: | State | Statute usually cited | Notes | | --- | --- | --- | | California | Cal. Penal Code § 632 | Applies to confidential communications | | Connecticut | Conn. Gen. Stat. § 52-570d | All-party for phone calls under the civil statute; the criminal law is one-party | | Delaware | Del. Code tit. 11, §§ 1335 and 2402 | The two statutes conflict; treat it as all-party to be safe | | Florida | Fla. Stat. § 934.03 | | | Illinois | 720 ILCS 5/14-2 | Applies to private conversations | | Maryland | Md. Code, Cts. & Jud. Proc. § 10-402 | | | Massachusetts | Mass. Gen. Laws ch. 272, § 99 | Bars secret recording | | Montana | Mont. Code Ann. § 45-8-213 | | | Nevada | Nev. Rev. Stat. § 200.620 | The state supreme court has read it as all-party for phone calls | | New Hampshire | N.H. Rev. Stat. § 570-A:2 | | | Pennsylvania | 18 Pa. C.S. § 5703 | | | Washington | Rev. Code Wash. § 9.73.030 | Allows an announcement that is itself recorded | Compiled from state statutes and state-by-state recording law surveys, checked October 17, 2026. Not legal advice. * **Michigan**: The statute reads as all-party, but courts have held that a participant may record their own conversation. Many businesses treat it as all-party anyway. * **Oregon**: All-party for in-person conversations, one-party for phone calls. * **Hawaii**: One-party in general, with stricter rules for recording in private places. * **Vermont**: No specific recording statute. ## Which state rule applies? An online store's callers are everywhere, so assume the strictest rule on the line applies. Courts have applied the caller's state law to calls recorded by businesses elsewhere; the California Supreme Court did this in _Kearney v. Salomon Smith Barney_ (2006). You usually don't know where a caller is, since a cell phone's area code says little about where the person is today. That is why most businesses don't sort callers by state. They tell everyone at the start of every recorded call. A clear notice, where staying on the line means agreeing, is the common way to handle all-party states. Some businesses go further and ask for a spoken yes, or offer an unrecorded option. Outside the US, rules can be stricter. Under the EU and UK GDPR, for example, a recording is personal data, and you need a lawful reason to record and must tell people how it will be used. ## Disclosure scripts you can adapt Keep it short, say it first and say it plainly. A notice buried after a long greeting, or read too fast to follow, defeats the point. * **Standard**: "This call is recorded for quality and training. By staying on the line, you agree to the recording." * **With an AI agent**: "Hi, you've reached \[Store\]. I'm an AI assistant, and this call is recorded for quality and training. By staying on the line, you agree to the recording. How can I help?" * **With an opt-out**: "This call may be recorded for quality and training. If you'd prefer not to be recorded, tell me now and I'll make a note, or you can reach us by text at this number." * **Asking for a yes**: "Before we continue, this call is recorded for quality and training. Is that okay with you?" Record only after the caller says yes. * **Outbound calls**: "Hi, this is \[name\] from \[Store\], calling about your order. This call is recorded for quality and training. Is now a good time?" * **When a teammate joins**: Everyone joining a recorded call should know it is recorded. A short "Just so you know, this call is still being recorded" when a person takes over removes doubt. Make sure the recording actually starts after the notice, not before. A notice that plays while the recording is already running doesn't cover the first seconds of the call. ## Retention: keep recordings only as long as you need Every recording you keep is data you have to protect, and in a dispute or a data request, data you have to produce. Pick a retention period on purpose. * **Match retention to the reason you record**: Quality review needs weeks. Settling disputes may need months, matching your chargeback and return windows. Very few stores need recordings for years. * **Delete on schedule**: Automatic deletion is the only kind that reliably happens. * **Hold what you must keep**: If a recording relates to a dispute or legal claim, keep it past its normal date until the matter ends. That is a legal hold. * **Handle deletion requests**: Under privacy laws such as the California Consumer Privacy Act, customers can ask you to delete personal information. Know where recordings live so you can find them. * **Watch what gets said**: Don't take full card numbers over a recorded line. If you must, stop recording for that part. ## Who can listen: access and logs * Limit playback and download to the roles that need it. * Ask for a reason when someone plays or downloads a recording. * Keep a log of every playback, download and change to retention or holds. * Use links that expire, so a recording shared once doesn't stay open forever. * Review the log now and then. It is the only way to know your rules are followed. ## A recording checklist * Decide which calls you record: inbound, outbound, or both. * Write a short notice and play it at the start of every recorded call. * Start recording only after the notice has played. * Give callers who object another way to reach you. * Set a retention period, and delete automatically. * Use legal holds for disputes. * Limit who can listen, ask for a reason and log every access. * Mention call recording in your privacy policy. * Review the rules for your states, and ask a lawyer if you are unsure. ## How Chargezen helps Concierge [records calls by your rules](https://chargezen.com/concierge/features/call-recording): * **One policy, a mode per number**: Set inbound calls, outbound calls and website voice separately. Each number can follow the policy, always record or never record. * **Your notice, read first**: Concierge reads your notice word for word before its first line, and recording starts only after the whole notice has played. With no notice set, nothing is recorded. * **Consent saved with each call**: Choose one-party, two-party or by-jurisdiction consent. The setting is saved with each recording, along with when the notice finished playing. * **Retention and legal hold**: Keep recordings from 1 to 3,650 days. A legal hold keeps a recording past its date until you lift it. * **Access with a reason**: Only permitted teammates can play or download recordings. Each access asks for a reason, links expire quickly, and every access is logged. Calls come in on your [business number](https://chargezen.com/concierge/features/business-phone-number) through the [phone channel](https://chargezen.com/concierge/channels/phone), and Concierge [answers live](https://chargezen.com/concierge/features/phone-calls) as an [AI receptionist](https://chargezen.com/concierge/use-cases/ai-receptionist). Teammates can join, and calls land in the customer's history next to their texts from your [toll-free texting](https://chargezen.com/concierge/features/toll-free-texting) number. Concierge Starter is $20 a month with 20,000 credits. Pro is $199 a month with 199,000 credits, or $1,990 a year. Phone and text charges are billed as used, and you can connect your own OpenAI or Anthropic account. See [pricing](https://chargezen.com/pricing). Related terms: [TCPA](https://chargezen.com/glossary/tcpa-telephone-consumer-protection-act), [audit trail](https://chargezen.com/glossary/audit-trail) and [voice AI agent](https://chargezen.com/glossary/voice-ai-agent). Related guides: [AI receptionist vs answering service vs voicemail](https://chargezen.com/blog/ai-receptionist-vs-answering-service) and [how to choose an AI voice agent](https://chargezen.com/blog/ai-voice-agent-for-shopify). ## Frequently asked questions ## Is it legal to record business phone calls? In the US, generally yes, if you have the consent your callers' states require. In one-party states your own consent is enough. In all-party states everyone must agree, which businesses usually handle with a clear notice at the start of the call. This is not legal advice. ## Is "this call may be recorded" enough? A clear notice at the start of the call, where the caller can hang up or object, is the common approach. Say it before recording begins, and say it plainly. Some businesses also ask for a spoken yes. ## Do I need to tell callers when an AI is recording? The same recording rules apply whether a person or an AI is on your side of the call. Telling callers they are talking to an AI is good practice too. ## How long should I keep call recordings? As long as the reason you recorded them lasts, and no longer. Many stores match it to their return and chargeback windows, and use legal holds for disputes. ![Jerry Abrahamson](https://chargezen.com/assets/blogpost2.32f70dbd.png) Written by ### Jerry Abrahamson Jerry is the Founder and CEO of Chargezen, helping brands build sustainable omni-channel businesses. With over 10 years of experience in omni-channel commerce and SaaS, he's passionate about helping brands create recurring revenue streams. [](https://twitter.com/chargezenjerry)[](https://linkedin.com/in/jerry-a) ## Related Articles [ ![How to Win Back Canceled Subscribers: Offers, Timing and Messages](https://chargezen.com/og-default.png) DTC Strategy · 7 min read ### How to Win Back Canceled Subscribers: Offers, Timing and Messages Who to target, when to reach out, which offers work and what to say by email and text to win back canceled subscribers, plus how to measure reactivation. ](https://chargezen.com/blog/how-to-win-back-canceled-subscribers)[ ![How to Turn One-Time Buyers Into Subscribers: Product Page, Checkout and Post-Purchase](https://chargezen.com/og-default.png) DTC Strategy · 7 min read ### How to Turn One-Time Buyers Into Subscribers: Product Page, Checkout and Post-Purchase Turn one-time buyers into subscribers at five moments: the product page, cart, checkout, thank-you page and portal, with offer ideas and how to test them. ](https://chargezen.com/blog/convert-one-time-buyers-to-subscribers)[ ![AI Receptionist vs Answering Service vs Voicemail: What Online Stores Should Use](https://chargezen.com/og-default.png) DTC Strategy · 8 min read ### AI Receptionist vs Answering Service vs Voicemail: What Online Stores Should Use What voicemail, a human answering service and an AI receptionist each do on a real store call, how they charge, and a checklist for choosing one. ](https://chargezen.com/blog/ai-receptionist-vs-answering-service) ## Ready to Grow Your Subscription Revenue? 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